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2004 (2) TMI 377 - SC - Companies LawWhether the Monopolies & Restrictive Trade Practices Commission had the jurisdiction to entertain a complaint filed by the respondent No. 1 relating to an irrigation programme sought to be implemented by the appellant-State? Held that:- Appeal allowed. The present case does not involve any agreement of the kind specified in section 33. It will, therefore, have to come under the definition of section 2(o) to be a restrictive trade practice at all. It has not been alleged by learned counsel appearing on behalf of the respondents that there is any element of competition involved between the State and any other party. Even if one were to assume that the State was an undertaking as defined in section 2(v) and that the activity of arranging for the supply of water is a "service" as contemplated under the Act in the absence of this vital element of competition, the Commission could not have held that there was any restrictive trade practice within the meaning of section 10 of the Act giving it the jurisdiction to entertain the respondent No. 1’s complaint.
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